Note on the "Communications Decency Act of 1996"

The effect of section 507 of Public Law 104-104, which was signed into law on
February 8, 1996, but is under a restraining order issued by a Federal Judge
in Philadelphia, is to amend the United States
Code, 18 USC 1462 and 18 USC 1465, so that they would now read as follows:

§ 1462. Importation or transportation of obscene matters

Whoever brings into the United States, or any place subject to the jurisdiction
thereof, or knowingly uses any express company or other common carrier or interactive
computer service (as defined in section 230(e)(2) of the Communications Act of 1934),
for carriage in interstate or foreign commerce -

(b) any obscene, lewd, lascivious, or filthy phonograph recording,
electrical transcription, or other article or thing capable of producing sound; or

(c) any drug, medicine, article, or thing designed, adapted, or intended
for producing abortion, or for any indecent or immoral use; or any written or
printed card, letter, circular, book, pamphlet, advertisement, or notice of any
kind giving information, directly or indirectly, where, how, or of whom, or by
what means any of such mentioned articles, matters, or things may be obtained or
made; or

Whoever knowingly takes or receives from such express company or other common carrier
or interactive computer service (as defined in section 230(e)(2) of the Communications
Act of 1934) any matter or thing the carriage or importation of which is herein made
unlawful -

Shall be fined not more than $5,000 or imprisoned not more than five years,
or both, for the first such offense and shall be fined not more than $10,000 or
imprisoned not more than ten years, or both, for each such offense thereafter.

§ 1465. Transportation of obscene matters for sale or distribution

Whoever knowingly transports or travels in, or uses a facility or means of,
interstate or foreign commerce or an interactive computer service (as defined in
section 230(e)(2) of the Communications Act of 1934) in or affecting such commerce
for the purpose of sale or distribution of any obscene, lewd, lascivious, or
filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette,
drawing, figure, image, cast, phonograph recording, electrical transcription or
other article capable of producing sound or any other matter of indecent or immoral
character, shall be fined not more than $5,000 or imprisoned not more than five years,
or both.

The transportation as aforesaid of two or more copies of any publication or two or
more of any article of the character described above, or a combined total of five such
publications and articles, shall create a presumption that such publications or
articles are intended for sale or distribution, but such presumption shall be
rebuttable.